ANDREW REPRESENTS CLIENTS IN A WIDE RANGE OF COMPLEX CIVIL MATTERS.
Andrew is a Partner in the Trial Department. He has extensive experience defending fiduciaries, sponsors, and insurers in ERISA fiduciary class actions, benefit claims, and both ERISA and non-ERISA executive compensation claims. Andrew also serves as antitrust counsel for various health care providers. He regularly represents financial institutions in various creditor cases, including foreclosure actions, fraudulent transfer claims, and other lender lawsuits. He also represents clients in complex environmental matters, as well as other securities, accounting malpractice, contract, and fraud matters.
Andrew has handled dozens of jury and court trials, arbitrations, regulatory matters, and other evidentiary hearings. In addition to his primary work as defense counsel, he has also litigated various multi-million dollar plaintiffs’ actions to successful trial judgment or settlement. A prolific speaker and writer, he has twice (2008 and 2010) been named a “rising star” by Minnesota Law and Politics Magazine.
Education & Admissions
University of Minnesota Law School (J.D., 2000), magna cum laude, Order of the Coif
Minnesota Law Review, 1998-2000
Minnesota Intellectual Property Review, Senior Editor 1999-2000
St. John's University (Minnesota) (B.A., Psychology, 1994), All College Honors
Departmental Distinction in Psychology
U.S. Court of Appeals for the Eighth Circuit
U.S. District Courts for the Districts of Minnesota, North Dakota, and Northern District of Florida
- U.S. Court of Appeals for the Eighth Circuit, Chief Judge Donald Lay, 2000-2001
- Represented employers, directors, and officers in various ERISA pension class action breach of fiduciary lawsuits. See Gipson v. Wells Fargo Company, 563 F. Supp. 2d 149 (D.D.C. 2008); Hastings v. Gary Wilson, 516 F.3d 1055 (8th Cir. 2008); Northwest Airlines, Inc. v. Filipas et al., 2008 WL 1773756 (D. Minn. April 15, 2008); In re ADC Telecommunications ERISA Litigation, 2005 WL 2250782 (D. Minn. Sept. 15, 2005); Mitchell-White v. Northwest Airlines and Delta Air Lines, 2011 WL 671630 (S.D.N.Y. Feb. 24, 2011).
- Currently representing officers, directors, and plan sponsor in putative class action on behalf of defined benefit plan seeking $1.1 billion in losses that allegedly resulted from imprudent investments.
- Obtained dismissal for insurers and group health plans in various class actions seeking plan benefits, alleging fiduciary breaches, and claiming violations of state and federal insurance law mandates. New York State Psychiatric Association v. UnitedHealth Group, 2013 WL 5878897 (S.D.N.Y. October 31, 2013); Larson v. United HealthCare Ins. Co., 723 F.3d 905 (7th Cir. 2013).
- Representing insurer and 250+ self-funded group health plans against claims seeking benefits and alleging fraudulent conduct, illegal disability discrimination, and breaches of fiduciary duty; filing counterclaims alleging fraud, conspiracy, and various ERISA violations.
- Represented various financial institutions such as Alerus Bank, N.A., HSBC, Residential Funding Corporation, and IStar Financial in foreclosure, fraudulent transfer, and other creditor-debtor claims. E.g., Schaff v. Residential Funding Corp., 517 F.3d 544 (8th Cir. 2008). Recently obtained a $1 million+ trial judgment on behalf of a national bank in fraudulent transfer action.
- Serves as antitrust counsel to various health care providers, representing them in matters before the Federal Trade Commission and state regulators.
- Represented Northwest Airlines at trial against $200+ million environmental claims stemming from airplane noise at Minneapolis-St. Paul Airport. See City of Minneapolis, et. al. v. Metropolitan Airports Commission, et. al.,Civ. No. 05-5474 (Henn. Cty. Dist. Ct. 2005).
- Represented various clients in executive compensation lawsuits. See Dr. James Loften v. Michael Ray, et al., Civ. No. 09-2152 (U.S.D.C., Minn. 2010) (filed 8/19/09); Duncanson v. Northwire, Inc., Civ. No. 10-CV-2300 (U.S.D.C. Minn.) (filed June 9, 2010); Hutchinson v. Dakota Clinic, Civ. No. 3:07-cv-00009 (D.N.D. 2007).
- Represented landlord in piercing the corporate veil and rescission claim before the Minnesota Supreme Court, achieving groundbreaking decision regarding attorney's duty to non-clients. See Hoyt Properties, et. al. v. Production Resources Group, 736 N.W.2d 313 (Minn. 2007), affirming 716 N.W.2d 366 (Minn. App. 2006). Successfully represented plaintiff in related piercing the corporate veil claim. See Knight v. PRG, 2005 WL 1630523 (D. Minn. July 22, 2007).
- Represented corporate defendants against securities claims, achieving successful dismissal of securities, common law, and statutory fraud claims. E.g., Falkowsi v. Imation, 309 F.3d 1123 (9th Cir. 2002).
- Represented employers in various claims for benefits under ERISA including, Johnson v. U.S. Bancorp, 424 F.3d 734 (8th Cir. 2004); Anderson v. U.S. Bancorp, 484 F.3d 1027 (8th Cir. 2007); Hutchinson v. Dakota Clinic, Civ. No. 3:07-cv-00009 (D.N.D. 2007); Kauppinen v. Aid Association for Lutheran Agents' Income Protection Plan et. al., Civ. No. 06-3111 (D. Minn. 2006); Clark v. General Mills Retirement Plan, Civ. No. 06-3111 (D. Minn. 2006); Jenkins v. UHG, Civ. No. 3:06-7070 (W.D. Ohio 2006); Yager v. UHG, Civ. No. 3:06-704 (W.D. Ohio 2006); Dylla v. Aetna Life Ins. Co., Civ. No. 07-3203 (D. Minn. 2007); Mercek v. Northwest Airlines, et. al., 07-60990 (S.D. Fla. 2007); Ann B. Young v. Thrivent Financial, Civ. No. 07-2312 (D. Minn. 2007).
- Represented clients on various commercial matters before Eighth Circuit, Federal Circuit, and Minnesota Court of Appeals, including North Prior v. Sterling Roseville LLC and Outsourcing Solutions, Inc., 2003 WL 1961975 (Minn. App. April 29, 2003), Tekse v. 3M Company, 2006 WL 156752 (8th Cir. Jan. 23, 2006); Gregory v. Tsui, Civ. No. 02-1343 (Fed. Cir. 2002).
- Represented various battered spouses in order-for-protection hearings, achieving successful results following evidentiary hearings.
News & Resources
Events & Speaking Engagements
- Speaker, Debriefing: The Supreme Court Arguments on Health Care Reform, Dorsey U, July 2012
- Speaker, ERISA for Investment Professionals, Dorsey U, May 22, 2012
- Speaker, Antitrust Enforcement in the Health Care Industry: Current FTC and DOJ Activities, Practicing Law Institute, Wednesday, June 13, 2012
- Speaker, Recent Trends in FTC/DOJ Enforcement in Heath Care Antitrust Issues, Minnesota State Bar Association, Healthcare section, December, 2011
- Speaker, Compensation & Benefits Boot Camp for Labor & Employment Practitioners, American Conference Institute, Philadelphia, PA, January 24-25, 2011
- Speaker, Benefits and ERISA Litigation: 2010 in Review and What’s Ahead in 2011, Dorsey U, January 12, 2011
Industries & Practices
- Antitrust & Competition Law
- Class Action Litigation
- Commercial Litigation
- ERISA Litigation
- Insurance Law
- Securities & Financial Services Litigation & Enforcement
Professional & Civic
- Co-Chairperson, ABA Section of Labor and Employment, Committee on Employee Benefits, Subcommittee on Specialized Retirement Income Plans (2012-13)
- Member, ABA Section of Labor and Employment, Committee on Employee Benefits, Subcommittee on Fiduciary Responsibility (2007-2011)
- Member, Minnesota State Bar Association, Antitrust and Healthcare Sections
- Member, ESOP Association
- Member, American Health Lawyers Association